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My cousin is a minor and owns certain immovable properties in Mysore. He would be completing 18 years of age on 12th July, 2009. It is learnt that his natural guardian is negotiating to lease out his properties for 15 years. Please advise me whether he can lease the property for 15 years.

- by Suresh, Mysore

Hindu Minority and Guardianship Act, 1956, govern the management of the properties of Hindu minors. Section 8 of the said Act enumerates the powers of natural guardian.

As per 2(b) of the said section, natural guardian cannot lease any part of the property of  the minor for more than five years or for a term extending  more than one year beyond the date on which minor will attain majority; for which prior permission of court is required.

In this case the minor is completing 18 years of age, as on 12-7-2009, as such his natural guardian can lease the property only up to 11th July 2010, that is another one year, any lease beyond this period is against law. The minor may initiate action for termination of lease immediately after he attain majority.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- There are two houses in a compound. I am staying in the house which is behind my cousin's. To reach the road we have been using the passage that runs through my cousin's property for more than 25 years. He sold his property to another person without our knowledge and the new owner is obstructing our passage to the road. There is no other alternative route to the road. What shall we do?

Q:- Certain hidden facts like pending cases, prior agreements, government notification of the property cannot be traced easily by verification of the documents. How can these hidden factors be uncov┬Čered, and what should a purchaser do to protect himself against these factors?

Q:- What is the procedure for Khata transfer and the actual cost to transfer the Khata. How do we know that the Khata transfer certificate is original?

Q:- I am not able to understand the difference between Khata Certificate and Khata Extract. Would you please enlighten me on this?  Could you also brief me about the importance of Encumbrance Certificate?

Q:- My son wants to purchase a plot near Horamavu, but on verification of CDP map, the plot was found to be in green belt area. I have been advised that non-agriculturist is not eligible to purchase agricultural lands. The present owner assures me that the problem can be solved by registering the land in Sq, fts. Instead of guntas. My father is a farmer. Many such transactions have taken place. Can my son purchase this land and construct a house. There are also chances of land being notified by BDA, in that case what are the consequences?